In Doe v. New Bedford Hous. Authy., 417 Mass. 273, 281 (1994), the court noted that the question whether the scope of the warranty is broader than the minimum standards set out in the State building and sanitary codes was left open in Boston Hous. Authy. v. Hemingway, 363 Mass. 184, 200 n.16 (1973). See Berman & Sons v. Jefferson, 379 Mass. 196, 201 n.9 (1979). The condition that the Doe plaintiffs claimed constituted a breach of the warranty of habitability was the presence on the premises of uninvited persons engaged in unlawful conduct. There was no allegation that the building failed to comply with code requirements concerning security. The court declined to expand the scope of the warranty to encompass the plaintiffs’ claim and stated that the “implied warranty of habitability is concerned with the provision, maintenance, and repair of the physical facilities vital to the use of the leased premises ...” (emphasis original). Doe v. New Bedford Hous. Authy., 417 Mass. at 282.